On 18 January 2019, the Supreme People’s Court and the HKSAR Government signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region. The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill which seeks to implement the Arrangement, was introduced to the Legislative Council in May 2022. The Bill provides for two mechanisms: first, a mechanism for registration in HKSAR of judgments given by the courts of the Mainland in civil and commercial matters; and second, a mechanism for the application for certified copies of and certificates for Hong Kong judgments in civil or commercial matters to facilitate parties in seeking recognition and enforcement of such judgments in the Mainland. In this seminar, the Department of Justice will give an overview of the scope and the main provisions of the Bill and explain how the Bill will shape the landscape of mutual legal assistance between the two places.
About the Speaker:
Ms. Jenny Fung, Deputy Solicitor General (Policy Affairs) of the Department of Justice, has been involved in the legislative process of the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill. She has briefed members of the Panel on Administration of Justice and Legal Services and attended before the Bills Committee of the Legislative Council to explain the Bill. She also attended various meetings with relevant stakeholders to exchange views on the Bill. She has substantial experience in cross border mutual legal assistance matters. Before that, she has been involved in the Record of Meeting of the Supreme People’s Court and the Government of the HKSAR on Mutual Recognition of and Assistance to Bankruptcy (Insolvency) Proceedings between the Courts of the Mainland and the HKSAR signed in May 2021 and in the legislative process of the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance which came into effect in February 2022.
The Law Society of Hong Kong has awarded this seminar 1.5 Continuing Professional Development (CPD) points.